P V SATHEESH ALLEPPEY Vs. E M THOMAS

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order of the learned single Judge In the matter arising under the Notaries Act, 1952. The first respondent has been appointed as notary for Kochi Municipal Corporation area. Appellant is an Advocate and is also a notary appointed for Ambalappuzha Taluk. It is his case that since the first respondent had been appointed as notary for Kochi Municipal Corporation area, he can only notarise the documents for residents of Kochi Municipal Corporation and not others. For that purpose, he relies upon a Government letter dated 4-7-2001 (Ext. R1(a) in Writ Appeal No. 2110/ 2003) which reads as follows :-

(2.) WE shall now consider the arguments of Sri. Jayasurya, learned counsel appearing for the appellant. His submission is that if not Ext. Rl(a), it is sub-rule (4) of Rule 8 of the Notaries Rules, 1956 which prohibits the first respondent from entertaining any document for notarising, if it is brought from a place outside Kochi Municipal Corporation area. But, we do not read any such restriction. It is apt to extract sub-rule (4) which reads as follows :-